Decided on October 31,2018

Manik Ali Appellant
STATE OF ASSAM Respondents


Hitesh Kumar Sarma, J. - (1.) This is a Criminal Revision Petition, filed under Sections 397/401 of the Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 20.02.2010, in GR Case No. 352/2006, passed by the learned Sub-Divisional Judicial Magistrate(S), Goalpara, convicting and sentencing the accused-revision petitioner to rigorous imprisonment for 3 (three) months and to pay a fine of Rs. 300/- with a default clause for offence under Section 457 of the IPC and also rigorous imprisonment for 1 (one) year and fine of Rs. 1,000/- with a default clause for offence under Section 324 of the IPC as well as the judgment and order, dated 18.03.2011, passed by the learned Session Judge, Goalpara in Criminal Appeal No. 5/2010 affirming the aforesaid judgment of the learned trial court.
(2.) Heard the learned counsel, Mr. H Das assisted by the learned counsel, Mr. BC Deka for the revision petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State of Assam.
(3.) The prosecution case is that, one Mossa Manowara Khatoon lodged an FIR with the Lakhipur Police Station, on 01.05.2006 alleging that in the intervening night of 30.04.2006 and 01.05.2006, at about 1:00 am, the accused persons by cutting the rope of the door of her house, opened the door and entered inside her house. Then they caused injuries to her by a dagger. She raised hue and cry. People nearby arrived at the place of occurrence and rescued her.;

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